The-heh, the-heh,the-that’s all, Arnold.

Here’s a predictable decision that clearly enunciates why Vets should avoid LeagleBeagle4Vets.com representation.

Arnold J. Parks and his not-so-adroit (non-attorney) legal representative from Disabled American Veterans went 3-o and lost at the VA and CAVC. His argument falls on deaf ears at the Federal Circus merrygoround.

Put quite simply, Ahhnold made his argument too late in the game about whether the ARNP who gave the “less likely as not” nexus was qualified. For years I have stressed the need to query the VA when they trot out the proctologist to discuss hepatitis risks. Specifically, regardless of rank (MD, ARNP, janitor), you the Vet must ask for the bona fides of the one opining. This assures all, including future judges,  that they have the requisite knowledge to opine and are not gomers. VA has a very, very bad habit of trotting out any old yayhoo and dressing him/her up like Doogie Howser. Once attired, they can go on and on like our friend over at another Vet’s website who professes a background in gastroenterology. The danger to you, the Vet, is the presumption of regularity. If you do not complain and ask to see their degree, it is assumed he/she is competent to discourse on anything under the sun medically.

This is what happened to Mr. Parks. The problem develops afterwards at the Court. Once you leave the BVA, there is no more introduction of evidence. Occasionally, a pro se Vet like the Arnoldmeister here, gets a bye on this as all pro se Vets are given special dispensations. Most all, but not here. Arnie got the shaft because Mr. DAV failed to raise an objection about Ms. Larson, ARNP. Specifically, the DAV failed to ask how Ms. Larson’s qualifications as a family practitioner qualified her to make decisions on Diabetes and the other enumerated disease Mr. Parks filed for.

In this business, if you hire subpar help, you get subpar  results. Arnold could have been sipping Mai Tais on the beach and cruising on Dollar Drive if he’d had competent legal help. When you swim with the sharks at the BVA, you need a stainless steel bathing suit and a qualified rainmaker. Arnold lacked both. Now he’s wishing he’d been a little wiser. DAV is a wonderful outfit with highly paid CEOs who care about Vets from what I’m told. What they aren’t is legally savvy. Asking for the medical qualifications of the VA’s self-chosen “expert” is Perry Mason 101. This is even more true if you do not bring your own doctors.  What part of “nonadversarial” don’t you understand? They have 1200 law dogs to your whizbang DAV guy.

Further, the Veterans Court refused to consider information Mr. Parks’ lawyers had found on the Internet after the Board’s decision, which ostensibly showed Ms. Larson had specialized only in family medicine.

Arriving at the CAVC and suddenly bringing up this new, legal epiphany is usually greeted with derision. As in, “Gee, Mr. Parks. Why didn’t you (or you non-lawyer representative)  bring this up down at Vermont Ave. when you had the opportunity?”

Mr. Parks is going to have a hard time starting over on this one. He’s pretty much hit the wall legally and any new reopening is going to require some tall evidence including a doctor willing to go to the mat for him verbally. In all likelihood, the chemicals he ingested during Project 112 were nasty buggers. That’s why they were called chemical “warfare” agents.  With his service in Vietnam, I would think he’d get the AO presumption on the DM2. There’s more to this story but we’ll never get to hear about it. Mighty Arnold has struck out. Let’s hear it for VSO Justice.

DAV

DISASTROUS

 ADJUDICATIONS 

FOR VETERANS